Opinion
CIVIL ACTION NO. 3:CV-12-0589
01-24-2013
MARSHALL S. SCHROEDER, et al., Plaintiffs, v. BANK OF AMERICA CORP. (BAC), GOLDBECK MCCAFFERTY & MCKEEVER, P.C., et al., Defendants.
(JUDGE CAPUTO)
(MAGISTRATE JUDGE CARLSON)
ORDER
NOW, this 24th of January, 2013, upon review of the Report and Recommendation of Magistrate Judge Martin C. Carlson (Doc. 22) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report & Recommendation (Doc. 22) is ADOPTED.
(2) The motions to dismiss the Complaint (Docs. 5; 8) are GRANTED.
(3) The Complaint is DISMISSED without prejudice. Plaintiffs are granted leave to file an amended complaint within twenty-one (21) days from the date of entry of this Order. Failure to timely file an amended complaint will result in the dismissal of the action with prejudice.
(4) The matter is RECOMMITTED to Magistrate Judge Carlson for further proceedings.
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A. Richard Caputo
United States District Judge